HBA-ATS, LCA H.B. 2822 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2822 By: Deshotel Judicial Affairs 6/16/1999 Enrolled BACKGROUND AND PURPOSE In past sessions, the legislature had changed the fee schedules of criminal and civil courts from scaled fees to flat fees. Prior to the 76th Legislature, probate courts continued to use a scaled-fee system. The continuation of scaled fees in the probate courts would have increased the costs to the offices of probate clerks. In addition, it was believed that flat fees were more efficient to administer. H.B. 2822 updates the Local Government Code to provide that, consistent with criminal and civil courts, a probate court may administer a flat fee schedule. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 118.052, Local Government Code, as follows: Sec. 118.052. FEE SCHEDULE. Increases certain fees a county clerk must collect for services rendered relating to probate original action: probate of a will with independent executor, administration with will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title is increased from $35 to $40; community survivors is increased from $20 to $40; small estates is increased from $10 to $40; declarations, rather than affidavits, of heirship is increased from $10 to $40; and additional, special fee is increased from $3 to $5. Eliminates certain fees for services rendered relating to a pending probate action, but establishes the following fees in that area: filing an inventory and appraisement after the 120th day after the date of the initial filing of the action ($25); filing annual or final account of estate ($25); filing application for sale of real or personal property ($25); and filing annual or final report of guardian of a person ($10). Increases the fee for adverse probate action from $35 to $40. SECTION 2. Amends Section 118.056, Local Government Code, by deleting Subsections (a) and (b), regarding fees for services in pending probate action and the fee for filing a document. Requires that each fee under Section 118.052(2)(B) be paid in cash. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.